11/18/2020 ZONING BOARD OF APPEALS Minutes

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Town of Nashpee 16 Great Xeck.Road<Norlh Maslipee,Alassachusetis 02649 MASHPEE ZONING BOARD OF APPEALS DECISION FOR A SPECIAL PERMIT SP-2020-40 Carolie D. Owens and Doc.: 1348130 Peter D. Owens, Trustees of The Ct£: 216419 Carolie d. Owens Trust 16 Spoondrift Circle (Map 111 Parcel 118) Mashpee, MA 02649 A Petition was filed on September 21, 2020 by Owners, Peter R. and Carolie D. Owens request a Special Permit under §174-17.1 of the Zoning Bylaws to raze and replace a pre- existing non-conforming single family residential structure on property located in an R-3 Zoning District, at 16 Spoondrift Circle, Map 111 Parcel 118, Mashpee, MA. (Owner of Record: Trustees of The Carolie D. Owens Trust). Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on October 16, 2020 and October 23, 2020. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws Chapter 40A §9 and the Town of Mashpee Zoning By-laws. Public Hearings were held on the Petition at the Mashpee Town Hall on Wednesday, November 18, 2020 as a virtual/remote meeting at which time the following members of the Board of Appeals were present and acting throughout; Chairman, Jonathan Furbush, Vice Chairman, William Blaisdell, Board Members, Ron Bonvie, Norman J. Gould and Sharon Sangeleer. Attorney Kevin Kirrane represented the petition for this application. The existing conditions on the site plan depicted the property on a cul-de-sac and is an unusual shaped lot that drops off significantly in the rear toward the coastal bank. The view of the front, side and rear of the property, as well as the setbacks from the wetlands area show that this particular dwelling is non-conforming. The font setback is currently 10.7 ft., and the side yard setbacks are 8.7 ft. and 7.8 ft. The 50 ft. setback runs through the building. The lot coverage is currently 28.9%. The proposed conditions plan is to replace the current three bedroom dwelling with a new three bedroom dwelling. The proposed dwelling will have a second story. The front yard setback will be improving from 10.7 ft. to 11.5 ft., one side is improving from 8.7 ft. to 9.5 ft., and the other side from 7.8 ft. to 9.9 ft. The dwelling itself as it sits currently within the wetlands is improving from 13 ft. to 18 ft., and the lot coverage is being reduced from 28.9%to 28%. 1